Smith v. Keller
Court of Appeals of Wisconsin
1Opinion of the CourtScott, C.J.
State Farm Fire & Casualty Company (State Farm) appeals from a judgment awarding damages to Grant Smith. State Farm raises issues regarding the coverage afforded under its homeowner's insurance policy issued to Samuel A. Keller. We con- elude that State Farm was entitled to summary judgment because the facts indisputedly showed that Keller expected or intended to hit Smith. As a result, the jury was improperly given special verdict questions on a negligence theory, the answers to which prevented a jury determination on the issue of battery. We therefore reverse and remand for a new trial…
2Cases cited9 opinions
- Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
- DeMars v. LaPourWisconsin Supreme Court · 1985
- Pachucki v. Republic Insurance Co.Wisconsin Supreme Court · 1979
- Clark v. Allstate Insurance CompanyCourt of Appeals of Arizona · 1975
- White Ex Rel. Donovan v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1984
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3Cited by9 opinions
- D'Huyvetter v. A.O. Smith Harvestore ProductsCourt of Appeals of Wisconsin · 1991
- American Family Mutual Insurance Co. v. JohnsonSupreme Court of Colorado · 1991
- United States Fire Insurance v. CNA Insurance CompaniesAppellate Court of Illinois · 1991
- Peissig v. Wisconsin Gas Co.Wisconsin Supreme Court · 1990
- Hills Bros. Coffee, Inc. v. Dairyland Transport, Inc.Court of Appeals of Wisconsin · 1990
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